PVL3704 – Unjustified Enrichment Law (Assignment 01) – University of South Africa – Semester 2, 2025 – Complete Answer--

This document provides a comprehensive set of answers for Assignment 01 of PVL3704, focused on the South African law of unjustified enrichment. It covers the requirements for enrichment liability, the calculation of quantum, relevant legal exceptions, and applies the condictio indebiti to a case scenario involving mistaken payment under protest. The content is detailed, academically reasoned, and aligned with the expectations of Semester 2, 2025 at UNISA. Keywords: unjustified enrichment quantum of enrichment condictio indebiti South African private law impoverishment non-enrichment defence enrichment sine causa litis contestatio economic duress Johannesburg Municipality claim PVL3704 ASSIGNMENT 01 SECOND SEMESTER 2025 DUE DATE: 21 AUGUST 2025 NO EXTENSION COMPULSORY ASSIGNMENT: Please note that there are two questions in this assignment. Both questions must be answered, but only one question will be marked. The other question is a self-assessment activity, but detailed feedback will be provided to you during the cause of the semester. Please note: This is a compulsory assignment for PVL3704. This assignment should be submitted by all students registered for the SECOND SEMESTER. This is a written assignment. For instructions on the submission of written assignments, please see Study @ Unisa. We will supply you with detailed general comments on the assignment itself during the cause of the semester. You must, as far as possible, use your own words when you answer the assignment. If you merely copy sections of the study guide or a textbook, you will be penalised. It is not necessary that you provide a list of sources or footnotes in your assignment. The length restriction for the entire assignment is six written pages or four typed pages. This assignment covers Study Guide 1: Unjustified Enrichment Liability. QUESTION 1 Discuss in general (without reference to a specific enrichment action) how the extent of enrichment liability (or the quantum of the enrichment claim) will be calculated. (15)QUESTION 2 A owns a car manufacturing plant in the City of Tshwane. His monthly electricity bill averages R100 000. He receives a letter from the City of Tshwane Municipality in which it threatens to cut-off his electricity if he doesn’t immediately pay his “arrear account of R300 000”. A knows that there must be a mistake, because his account is paid in full, but also knows that if there is a disruption in his electricity supply, he will suffer severe losses. He pays the amount immediately and sends a letter of complaint to the municipality. Advise A whether he will be able to reclaim the R300 000 and with which remedy? In your answer discuss the requirements for this remedy. (10)